April 18, 2006, Introduced by Reps. Pastor, Garfield, Gosselin, Taub, Brandenburg, Shaffer, Acciavatti and Walker and referred to the Committee on Judiciary.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
(MCL 600.101 to 600.9947) by adding section 2912i.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2912i. (1) Subject to subsection (2), the plaintiff in an
action alleging malpractice against a professional shall file with
the complaint an affidavit of merit signed by an individual who the
plaintiff or, if the plaintiff is represented by an attorney, the
plaintiff's attorney reasonably believes meets the requirements of
subsection (3). The affiant shall state in the affidavit of merit
all of the following:
(a) That he or she has reviewed all records supplied by the
plaintiff or the plaintiff's attorney concerning the conduct that
is the subject of the affidavit.
(b) The applicable standard of practice or care.
(c) His or her opinion that the applicable standard of
practice or care was breached by the subject professional.
(d) The actions that should have been taken or omitted by the
subject professional to have complied with the applicable standard
of practice or care.
(e) The manner in which the breach of the standard of practice
or care was the proximate cause of the alleged injury to the
plaintiff.
(2) On motion of a party for good cause shown, the court in
which the complaint is filed may grant the plaintiff an additional
28 days in which to file the affidavit required under subsection
(1).
(3) To qualify to sign an affidavit under subsection (1), an
individual shall meet all of the following requirements:
(a) Be licensed in this state or another state in the same
profession as the subject professional.
(b) If the subject professional is a specialist, have
specialized at the time of the conduct that is the subject of the
affidavit in the same specialty as the subject professional.
(c) During the year immediately preceding the date of the
conduct that is the subject of the affidavit, have devoted a
majority of his or her professional time to 1 or more of the
following:
(i) The active practice of the same profession of which the
subject professional is a member and, if the subject professional
is a specialist, the active practice of that specialty.
(ii) The instruction of students in an accredited professional
school or accredited program that provides students with practical
experience in the same profession of which the subject professional
is a member and, if the subject professional is a specialist, an
accredited professional school or accredited program that provides
students with practical experience in the same specialty.
(iii) The conduct of research in the same profession of which
the subject professional is a member and, if the subject
professional is a specialist, the conduct of research in the same
specialty.
(4) As used in this section:
(a) "Professional" means an individual who is or who professes
or holds himself or herself out to be a member of a profession
licensed under the laws of this state, other than an individual
against whom a medical malpractice claim may be brought.
(b) "Subject professional" means the professional whose
conduct is alleged in the affidavit to have breached the applicable
standard of practice or care.